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ADA Website Accessibility Lawsuit: online restaurant services

Case # · District Court, S.D. Florida · Filed August 23, 2022

Plaintiff's Firm: J. Courtney Cunningham, PLLC

WCAG 1.3.1 Info and RelationshipsWCAG 1.3.2 Meaningful SequenceWCAG 2.4.3 Focus OrderWCAG 2.4.6 Labels and HeadingsWCAG 4.1.2 Name Role Value

Case Summary

Plaintiff Windy Lucius, represented by J. Courtney Cunningham, PLLC, has filed an ADA Title III lawsuit in the United States District Court Southern District of Florida, Miami Division, on August 23, 2022. The complaint targets an establishment operating an online restaurant ordering and reservation system, alleging its mobile website is inaccessible to visually impaired individuals.

The complaint specifically cites several WCAG violations, including Guideline 1.3.1 (Info and Relationships) due to an unlabeled main menu icon and issues with a PDF menu, Guideline 1.3.2 (Meaningful Sequence) for content not presented in a logical order, Guideline 2.4.3 (Focus Order) where reservation forms and date pickers are inaccessible and focus moves incorrectly, Guideline 2.4.6 (Heading and Labels) as 'Start Time' and 'End Time' fields on forms are not properly announced or labeled for screen readers, and Guideline 4.1.2 (Name, Role, Value) because elements like promotional popups are not announced, and screen reader users encounter unlabeled links and hidden elements.

This case highlights the ongoing legal risks for businesses, especially those in the hospitality sector, that operate online platforms such as mobile websites for reservations, ordering, and gift card purchases. Failure to ensure full accessibility for visually impaired users via screen reader software can lead to federal lawsuits, requiring significant modifications and legal costs under ADA Title III.

Case Q&A

What specific WCAG violations is this online restaurant service accused of?

The mobile website is accused of violating WCAG 1.3.1 (Info and Relationships) due to an unlabeled main menu icon and PDF menu issues, 1.3.2 (Meaningful Sequence) for illogical content order, 2.4.3 (Focus Order) with inaccessible reservation forms and incorrect focus movement, 2.4.6 (Heading and Labels) for improperly announced form fields, and 4.1.2 (Name, Role, Value) because promotional popups and other elements are not announced for screen readers.

Who filed this lawsuit, and which law firm?

Windy Lucius filed this lawsuit, represented by the law firm J. Courtney Cunningham, PLLC.

What legal risk does this create?

This case demonstrates the legal risk for businesses, particularly in hospitality, whose online platforms for reservations and ordering are not fully accessible to disabled users via screen readers, potentially leading to federal lawsuits under ADA Title III.

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